On July 22, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (the Board) in Uniloc 2017, LLC v. HULU, LLC. In particular, the CAFC found that the case was not moot despite a prior CAFC judgment of invalidity and that the Board did not err in rejecting Uniloc’s Request for Rehearing on the basis of Section 101 invalidity of the proposed substitute claims. Judge O’Malley issued a strong dissent, accusing the majority of “breath[ing] life into a dead patent and us[ing] the zombie it has created as a means to dramatically expand the scope of inter partes review (“IPR”) proceedings.”
Litigation
- Recapping Abitron at the High Court: The Long Arm of the…Lanham Act?
- Why the Supreme Court Should Weigh in on CMI Violations Under the DMCA
- Precooked Bacon, Artificial Intelligence Patents, and a Defense of the Common Law
- SCOTUS Kills Hope for Eligibility Certainty and Nixes Teva’s ‘Skinny Label’ Appeal
- Newman Says Moore’s Order Alleging She is Unfit for Court is ‘Riddled with Errors’
Recent Posts
- UKIPO Issues New Trademark Guidance on NFTs, the Metaverse and Virtual Goods
- Other Barks & Bites for Friday, May 26: USPTO Proposes Track Three Pilot Program for Micro Entity Patent Applicants; LeBron James Joins Taco Tuesday Trademark Battle; European Commission Releases List of Countries with Concerning IP Rights Protections
- Former Copyright Office GC Tells House IP Subcommittee His Counterpart Got It Wrong on AI Fair Use
- Clause 8: Tom Irving on Litigating the First Hatch-Waxman Case and Mentoring Thousands in the Patent Field
- IP Goes Pop! – Streamlining Copyright Disputes: The Copyright Claims Board